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Full Version: Fixed Penalty SP40 3pts 60quid - no evidence though!
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Hi all... Firstly thanks for taking the time to look at my post, its my first time on here but I could really do with some advice.. :-)

A local constable (Hampshire) pulled me over last night and issued me with a fixed penalty SP40 3pts + 60 quid fine. He 'estimates' my speed to be way in excess of the signed 40mph, he has noted down 55-60mph on the fixed penalty paperwork.

He was waiting at red traffic lights on a minor road, at night, waiting to join the main road I was travelling along.  He said all he heard was my exhaust note followed by a silver flash, travelling at what he thought was well in excess of 40mph.

I noticed the blue lights of his car as I turned off this major road about 1/3 mile away. He pulled me shortly after.

My question is would it be worth disputing this as he has no photo/laser/camera evidence.  Other key points:

- His car was stationary at 90 degrees to mine which was travelling, hence no reference speed.
- He was on his own
- I have a witness (my wife)
- He actually said to me that it was his word against mine + my passenger (my wife) and if I wanted to dispute the fixed penalty, details of how to do so were on the reverse of the paperwork!
- The reason my exhaust note is loud is that its a 4 litre TVR Tuscan S ;-)

Thanks in advance
Others might correct me but I am pretty sure this is not legal - a single constable cannot do that, there needs to be corroboration, either a speedmeter (laser/radar/vascar/speedometer) or another constable.

Have your day in court!  It is possible that all the paperwork will be sent out, but you could politely point out the futility of the case.

edit: It is possible that you could put a stop to this earlier - if you drop in at the station where they are based and ask to speak to somebody higher up then it could get torn up there and then. The disadvantage is that the officer might never learn that what he was doing wasn't legal.

As Gareth has said, if you're sure that there's no corroboration (device or other policeman), there's no case.
In any case, SP40 is the wrong code. It's SP30 (Hampshire are one of about half a dozen forces applying the wrong code).
Thanks for the advice guys. I'm off to the station today as I received a producer.  I will try and have a word when I'm down there.  

The disadvantage with 'having a word' is it is very easy to inadvertently incriminate yourself. Unless you are prepared to say that there was no way that you were exceeding the speed limit and the officer got it wrong, I would be very cautious. It is very easy to be trapped by leading questions, like, "It is possible that you were slightly over the limit, isn't it?"
Unless you know what you are doing, it is best to get a solicitor involved. A letter from a competent solicitor can often have flimsy allegations quietly dropped.
any motoring solicitors that you guys recommend?
Try here.
thanks all!
Barry Culshaw from White and Bowker in Eastleigh is recommended, he is a transport specialist and was the chap behind the Folly Bottom case as well as Bluedart's victory recently showcased on the "Tonight" programme.

Your motor insurance might pay for all this too.

Good point about insurance.
The motoring lawyers people won the Mohindra case.
As said above SP40 is the wrong code unless you were driving a BUS as the code is for a exceeding passenger vehicle speed limit.

Mind you some BiB may argue that a car is a passenger vehicle so the code is relevant - trouble is insurers treat it rather differently.
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